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Filipina wins labor claim vs employer who wrongly accused her of theft

Posted on 30 November 2020 No comments

By Vir B. Lumicao

Another great day for Berbana after her acquittal for theft last August

A Filipina accused by her former employer of stealing RMB1,700 nearly two years ago but was acquitted of theft on Aug 12 after a retrial, was awarded her claim of $4,736.34 from her accuser at the Labour Tribunal today, Nov 30.

But Ana Liezel Berbana first had to withdraw her $34,480 damage claim against her employer, Wong Ma-nger, and decide later whether to pursue the claim in a trial at the advice of Presiding Officer W.H. Pun.

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Both parties signed an agreement stating that the payment will be made by Wong this Thursday morning at the Tribunal.

The settlement did not come easy for the claimant, as the employer opposed the three items comprising wage in lieu of notice, annual leave and the damages in the initial hearing of Berbana’s claim at the Tribunal in March 2019.

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Berbana was seeking $4,310 for wages in lieu of notice, $426.26 for annual leave and $34,480, or a total of $39,216.26.

Wong at first told Pun she won’t pay the helper’s claims. “I already raised my objection in the last Tribunal hearing in March 2019. The police took the claimant away,” she said.

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But the presiding officer said he understood it was Wong who made a report to police and they took the claimant away and investigated her for theft.

“First, she was convicted. On appeal, she won a retrial in which she was acquitted. The claimant is now saying that when you reported the case to police, you were deemed to have terminated her,” Pun said.  

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Wong claimed she did not know that Berbana was acquitted, saying she did not get any notice about it. She relented only after Pun showed her a court certificate that the Filipina was acquitted in a retrial on Aug 12, and agreed to pay wages in lieu and annual leave.

The Filipina insisted she won’t settle unless Wong pay her damages for breach of trust, but Pun told her the Tribunal might not be the proper venue. Berbana replied that a guide to filing cases at the Tribunal she had on hand stated she could sue for damages there.

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Pun told Berbana if she insisted, then he would set the case down for trial. But he explained there is a risk that she would lose and pay costs.

After consulting Help for Domestic Workers case officer Karen Ng who escorted her, Berbana withdrew the damage claim for refiling later, as Pun advised. Then she agreed to Wong’s payment for wages in lieu and annual leave and signed the agreement.

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Berbana and Wong’s appearance at the Tribunal was their first meeting since the retrial of the theft case against the Filipina. Berbana’s lawyer, Philip Ross, was successful in pursuing an appeal against her conviction. 

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Work-from-home and 2-to-group back as 76 new Covid-19 cases reported

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By The SUN 

Employees will work from home again while only 2 people can gather under new rules


Civil servants will have to start working from home again, while the rule allowing no more than two people to gather in public will be brought back starting Dec 2, under strict new anti-epidemic measures announced today by Chief Executive Carrie Lam.

At a news conference attended by her health officials, Mrs Lam said only government staff providing emergency services will be reporting for work under the new measures that will take effect for two weeks from Wednesday.

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She said she hopes the private sector will follow suit.

Within the same two-week period, only two people will be allowed to gather instead of the current four. Restaurants will also be able to sit only a maximum of two people per table, and provide dine-in services until only 10pm instead of 12am. The number of customers should not exceed 50% of the venue’s capacity.

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A number of entertainment venues will again be closed, including theme parks, bars, karaokes, night clubs, party rooms, public bathhouses, swimming pools, game centers and mahjong parlours. Government performance venues can only be used for rehearsals.

“We are now closing almost everything,” said the CE, as she warned that the penalties for violating the anti-epidemic measures will be increased by multiples – either double or triple – as the previous amount did not seem to serve as enough deterrent.

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The stringent measures are to be taken as the city registered 115 new Covid-19 cases yesterday, the highest since the peak of the third wave of infection last August.

Today the cases were lower at 76, but they continue to cause concern as most came from the ever-widening dance cluster, which now counts a total of 520 cases.

 

CE Lam (middle) announces tough new rules along with key health officials

Health officials said that in the past week, between Nov 23 and 29, an average of 87 cases were recorded each day. More than 90% of these cases were local transmissions, and more than 100 of them were of unknown sources.

Lam noted that the cases have spread over several districts, indicating an invisible transmission chain in the community.

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At least 30 schools had to be closed due to a cluster outbreak among teachers and students, while nine civil servants have also been infected.

Of today’s new cases, 59 were linked to previous infections, including 40 from the dance cluster. Nine are untraceable.

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A further eight were imported cases, including a newly arrived domestic helper from Indonesia, three returnees from the United States, one from Brazil, another from Pakistan, one from Russia, and the last from Poland.

They brought the city’s total tally to 6,315, with 109 deaths.

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Among the new cases that concern authorities is the one pertaining to an employee and diners at Sky Cuisine on Des Voeux Road in Central who all tested positive. Everyone who had been to the restaurant from Nov 15 onwards will now have to undergo compulsory testing.

Sky Cuisine in Sheung Wan is the 4th restaurant to be put under compulsory testing order

A patient suffering from pneumonia tested positive at Alice Ho Miu Lung Nethersole Hospital in Taipo after being treated in the emergency room with five other patients. All the fellow patients and about 25 hospital staff who were in contact with them have tested negative.

Among the preliminary cases is a resident of Pak Lok Nursing Home in San Po Kong. About 50 patients who stayed on the second floor of  the building with the patient will be quarantined while those on another floor will be tested.

Another preliminary case is a student who participated in an outdoor school activity with a teacher and some other students. Health officials say they were told that everybody wore masks during the activity, but they are still investigating.

In a further response to the fresh outbreak of cases which CE Lam described as “very severe,” sample bottles that are being distributed at 47 designated public health clinics will be increased from 4,000 to 8,000 per day.

All of the city’s 121 post offices will altogether also distribute 4,000 sample bottles per day, while the government says it is in talks to get major MTR stations to also distribute specimen kits.

In addition, five more community testing centers will be set up in addition to the nine that are already operating. The plan is to set them up in community halls in various districts.

To further expand its quarantine facilities for close contacts of infected patients, the government has designated two hotels for this purpose. Food and Health Secretary Thomas Chan identified the first hotel as Silka Tsuen Wan Hotel, the other will be named later.

Chan also said that the government is reviewing whether to require an additional virus test for new arrivals, on the 19th or 20th day after they land in Hong Kong. This is an additional safety precaution suggested by health experts who say the incubation of the virus could take longer than the 14-day compulsory quarantine period.

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Workers can get quick answers to job-related concerns on its new website, says Polo

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By Vir B. Lumicao 

Labatt Dizon launches his brainchild while Congen Tejada takes notes

Filipino workers with simple contract-related transactions with the Philippine Overseas Labor Office or have queries concerning work will be able to do so starting Dec 1 by logging into Polo’s new website anytime, anywhere.

The website developed by Polo Hong Kong’s own IT staff was launched Sunday, Nov 29, by Labor Attaché Melchor Dizon, who said its creation was a positive offshoot of the coronavirus pandemic.

Close to 100 guests, led by Consul General Raly Tejada, his deputy Germie Aguilar-Usudan and other PCG officers, media and Filipino community group leaders, attended the launch at Polo’s offices on the 29th floor of the United Centre in Admiralty. 

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Dizon said the website is an initiative of Polo Hong Kong to further improve the delivery of services to the Filipino workers in the city without breaching the Hong Kong government’s social distancing protocol to prevent the spread of Covid-19.

He said the salient features of the website are the online computation of claims, online post-arrival orientation seminar (PAOS), appointment booking for contract verification, and access to a list of accredited employment agencies and their status.

“Also on the computations, we further developed it. We made it just like do it yourself,” Dizon said. The labor chief said the website “has a built-in calculator wherein the OFWs can calculate their benefits by themselves when they were terminated or separated from their employment.”

Consulate officers came in full force for the Polo website launch

The website has linkages to sites of related government agencies so one doesn’t have to exit the Polo site and log into, say, the Philippine Overseas Employment Administration to check the status of a Philippines-based recruitment agency.

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“And also we will also put in some announcements, advisories and references like the rules and the laws regarding employment here in Hong Kong,” Dizon said.

Dizon urged the Filcom leaders to disseminate the news to their members correctly and accurately. 

ConGen Tejada congratulated Dizon and his team for coming up with the homegrown website.

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“The website is a tool which can effectively uphold our sworn duty to provide the Filipino community with useful, reliable and, more importantly, up-to-date information,” the consul general said.

“They serve as a guiding light to all who seek the truth and, more importantly, may it be a shining testament to POLO’s transparency and commitment to integrity,” ConGen Tejada said.

The walk-through of the guests to the website was done by Assistant Labor Attaché Angelica Suñga, who demonstrated how OFWs could navigate the site on their own starting Dec 1.

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The key features include making an appointment for verification of contracts, checking the status of accredited agencies (and a list of those whose accreditation had been cancelled), registration for PAOS, and Covid-related information on those who are about to go home to the Philippines, or are coming to Hong Kong.

There is also an OFW Corner where links to other work-related concerns can be found, such as the schedule for various skills training given by OWWA (Overseas Workers Welfare Administration), passport application, SSS and PagIBIG sites, even the schedule for the replacement of HKID cards.

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Sunga had one important warning to those who make appointments through the website: “Make sure na darating kayo kasi hindi na kayo makakapag-appointment ulit,” she said.

ALA Sunga gives the audience a walk-through the website

(Make sure you’d come on the appointed date and time because if you don’t, you can’t make another appointment).

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In this case, the worker will just have to walk in to get her/his contract verified, which could take longer because those with appointments are given priority through a dedicated counter.

She mentioned other unique features of the system, including an alert for passport renewal for those whose documents are valid for just eight months or less; and the registration for PAOS being enabled through email or a Facebook account.

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Schools suspend classes until after Christmas as Covid-19 cases surge to 115

Posted on No comments

By The SUN 

Schools will be closed from Dec 2 because of the spike in cases

Face-to-face classes in all kindergarten, primary and secondary schools will be suspended from Wednesday until after the Christmas holidays, the government announced today, Nov 29, as Hong Kong reported 115 new coronavirus cases.

The Education Bureau said that during the period of suspension, schools will be required to sustain students’ learning from home through the flexible use of various learning modes.

The announcement comes as the Centre for Health Protection said the epidemic situation has worsened  and urged the public to avoid social gatherings.

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"With the rapid surge in cases, many of them having been to gatherings, weekly family gatherings, for example, or gatherings with some friends, you see the epidemic has turned for the worse, so we urge the people to consider if they can maybe cancel or put on hold these gatherings,” CHP's Dr Chuang Shuk-kwan said.   

Of today’s cases, 62 were linked to the dance venue cluster, 23 others were linked to other cases, 24 had untraceable sources, and six were imported, Chuang said.

Of the six who recently arrived from overseas, four were Indonesian domestic workers , two of whom are aged 25, one is 26, and the other is 32. The two others flew in separately from Ukraine and the United States.

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Chuang said there were more than 50 preliminary positive cases. The new infections brought the total number of patients since late January to 6,239. 

Today’s confirmed cases were the highest daily count since the 125 reported on Aug 1 at the height of the third wave of the contagion in Hong Kong.

 The dance cluster now accounts for a total of 479 confirmed cases.

This is one of 3 restaurants added to the mandatory test list after a rash of infections

Chuang said three restaurants, Stellar House in Wan Chai, 8½ Otto e Mezzo Bombana in Central, and Chuen Cheung Kui in Sheung Wan, were added to the mandatory test list after three staff and seven customers there were confirmed positive today.

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“If you have been to these three restaurants after Nov 15, please do the test as soon as possible, probably tomorrow,” Chuang said. 

At the Tung Wah Hospital’s day care activity center, more than 50 residents and staff were quarantined after a staff member and a resident tested positive, Chuang said.

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Asked by a reporter about the cases with unknown sources, she replied many of them were housewives who hadn’t been out and about, while other patients were socially active - like playing mahjong and dining out - but with no visible links.

Chuang did not give details of the imported cases as the authorities’ focus appeared to be on the rapidly increasing local transmissions. However, the government has disclosed plans to further tighten restrictions at the border and impose harsher penalties on quarantine violators.

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As of 9am today, 12 Covid-19 confirmed patients were discharged from public hospitals in the last 24 hours, said Dr Linda Yu, a chief manager at the Hospital Authority. She said, so far, 5,340 patients with confirmed or probable infection have been discharged.

Yu said 642 confirmed patients are confined in 20 public hospitals and community treatment facilities. said 11 patients are in critical condition, three are in serious condition and the remaining 628 patients are in stable condition. 

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Hong Kong's total Covid-19 tally is now 6,239 with 109 deaths.

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